The Colgan development went through a land tribunal hearing for both the North and South lands that resulted in two decisions being given one for each development. Files AT-T-0601 and file AT-T-0701. Both decisions had numerous conditions on each development and all these conditions are legally binding on all parties. The decisions in both files were called the draft plan conditions. Conditions that have not been followed that could get the township into legal problems.
- The sump pump discharge draining onto the storm sewer pipe. This has been discussed in link “Emails showing council changed and ignored Tribunal decisions” with the emails from the tribunal stating that no permission was obtained from the tribunal for this change. As the pipes are all underground and draining into the storm sewer, every home owner in the Colgan development that has a sump pump installed as part of the development agreement could demand that the township dig up their sump pump connections and drain the water elsewhere or give them compensation as any blockage in the sump pump pipes in future would result in their properties having to be dug up at the home owners costs in future. When this was being discussed I was told that the connections have a backup valve to prevent backups and I should approve it. I refused to approve it as backup valves can fail due to wear and tear and then who will be responsible for the cost of digging up all the properties when the property owners find out that the land tribunal decision was not followed and that their sump pumps were never to be drained into the storm sewer.
- By draining water into the storm sewer, they drained the sump pump water into the stormwater pond. This storm water pond requires to be cleaned around every 20-25 years to protect the lining as per the township engineer. The additional water from the 615 homes flowing into the stormwater pond may now require cleaning earlier than 20 -25 years. Who will pay for this cleaning at the cost of $250,000 the estimate we were given. This amount will go up with inflation 20-25 years from now.
- As per schedule T.2 of the subdivision agreement attached below marked in red the DC charges were paid for 525 homes based on the date when the agreement was signed on November 9, 2021 and not based on the date when the building were first issued in November 2022. Had the 4 councillors not petitioned the meeting to approve the subdivision agreement the township would have received the new updated 2021 rates. There is no evidence that there were any technical issues that needed the DC charges bylaw to be delayed to December 10, 2021 after the signing of the subdivision agreement on November 9, 2021. What was the motivation and hurry for the 4 councillors to petition the meeting to approve the subdivision agreement?
- As per schedule T.2 attached below marked in red it states “The owner will receive a credit towards : “ I) The wastewater connection fee in an amount not to exceed the capital costs of the wastewater treatment plant. “. There is absolutely no mention in the land tribunal decision (attached in the Tribunal decision link) that the township would be required to provide any credits to the developer for the wastewater plant. There is nothing in the land tribunal decision that required the developer to oversize the wastewater plant to accommodate the 87 pre-existing homes in colgan and none of the owners of the pre-existing homes in colgan have stated that they are interested in hooking up to the wastewater plant. Who authorized the 4 councillors to give this credit without permission from the land tribunal? How was this credit given and calculated when there was no financials provided to council on the costs to build the wastewater plant in colgan? Did the 4 councillors give a blank cheque for a credit amount they did not know and was never authorized by the land tribunal?
- As per schedule T.2 attached below marked in red it states “The owner will receive a credit towards : “ ii) any water connection rates /charges in an amount not to exceed the capital costs of the standpipe and associated infrastructure“. There is absolutely no mention in the land tribunal decision (attached in the tribunal decision link) that the township would be required to provide any credits to the developer for the standpipe and associated infrastructure as the standpipe and associated infrastructure was to benefit the development and not the pre-existing residents and the township. In fact the developer should have paid the township the $4 million in water connection fees as the developer hooked up to the township wells and main pipe paid for by the township residents through a water loan. Who authorized the 4 councillors to give this credit without permission from the land tribunal? How was this credit given and calculated when there was no financials provided to council on the costs to build the standpipe and associated infrastructure in colgan? Did the 4 councillors give a blank cheque for a credit amount they did not know and was never authorized by the land tribunal?
- The developer in Everett made it very clear that people who purchase his homes in Everett will not be informed of the debt as they did not create the debt so they should not be asked to pay for debt they did not create. So, the same applies to the residents of Colgan they should not be asked to pay for a water debt they did not create. Had the water connection fees been collected and the 4 councillors not approved credits in the subdivision agreement the water debt (loan) taken by the township to drill the wells and put the main pipe would have been paid up and would have helped reduce the municipal water rates.
